Riley v. Dillon
Supreme Court of Alabama
Detinue. Appeal from Geneva County Court. Heard before Hon. P. N. Hickman. Action by Dillon & Pennell against H. C. Riley. From a judgment for plaintiff, defendant appeals.- — Under §§ 1477 and 1478, code 1896, the vendee, Smith, could have interposed the plea of usury and so have reduced the debt or defeated. recovery.
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Detinue. Appeal from Geneva County Court. Heard before Hon. P. N. Hickman. Action by Dillon & Pennell against H. C. Riley. From a judgment for plaintiff, defendant appeals.- — Under §§ 1477 and 1478, code 1896, the vendee, Smith, could have interposed the plea of usury and so have reduced the debt or defeated. recovery. The fact that Smith sold the property to defendant ought not to operate to give the plaintiff the right of action where none existed. — Grunetoakl Go. v. Gopeland, 131 Ala. 345. It is the clear intention of these sections of the code to let in all pleas to the action which…
1Opinion of the CourtHaralson, J.
— The action is in detinue, commenced on November 3, 1903, for the recovery of a mare.
In addition to the general issue, the defendant filed eight special pleas, the second, sixth and seventh of which set up in substance, that the defendant held title to the animal from one K. Y. Smith; that Smith, who *285was a minor, got the animal from plaintiffs, and executed to them his conditional sale-note for the sum of $80, and in and by said note the title to the said property was retained in the plaintiffs.
The eighth sets np the fact of Smith’s minority, and that he gave the $80 note which represented…
2Cases cited2 opinions
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Hooper v. PayneSupreme Court of Alabama · 1891
3Cited by7 opinions
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- Lakeland Silex Brick Co. v. Jackson & Church Co.Supreme Court of Florida · 1936
- Louisville N. R. Co. v. MillerSupreme Court of Alabama · 1923
- Hill v. WeilSupreme Court of Alabama · 1918
- McKimmie v. E. E. Forbes Piano Co.Supreme Court of Alabama · 1908
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